Legal News

NY Court of Appeals Lowers Burden of Proof in Cases of Severe Child Abuse
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Thursday, the New York Court of Appeals dealt with the matter of burden of proof in cases of severe child abuse and clarified the standard required for establishing severe child abuse in family courts. The ruling can be of significant help to social services agencies in protecting and defending abused children.

Confusion over the meaning of words between the Social Services Law and the state Penal Law had led to a stricter standard of proof than was necessary in cases of severe child abuse. Under the Social Services Law 384-b, to establish severe child abuse it is necessary to prove that a parent acted with “depraved indifference†to the life of a child. In ascribing meaning to the phrase “depraved indifference,†family courts used to apply the meaning used in state Penal Law, in which the phrase means total disregard for human life in the context of reckless acts, and not in the context of intentional crimes.

However, on Thursday, the New York Court of Appeals clarified that when it came to applying the Social Services Law, the phrase “depraved indifference†should apply both in the context of reckless act and in the context of intentional child abuse.

  
What
Where


Writing for the unanimous panel, Judge Susan Read observed, “In short, our depraved indifference jurisprudence under the Penal Law has no bearing on whether a child is severely abused within the meaning of Social Services Law § 384-b.â€

In the instant case, two young male children of Antoine N, were taken away from their father after their doctor found clear signs of abuse. However, Antoine argued that the social service agency, in this case the New York City Administration of Children’s Services needed to meet the standards established by Penal Law, as regards “depraved indifference†in order to substantiate sever child abuse.

The court did not buy the argument and also observed that under the Family Court Law of New York, judges can also waive requirements for social services agencies to make “diligent efforts†to urge children and parents to mend their relations before beginning proceedings for neglect or abuse.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Also in the present case, the Court of Appeals upheld the waiver of such requirements by the Family Court because in 1994 he was found to have abused an older son. In the present case, the doctor found he used to whip his 5-year-old son with a wire.

Previous to the present ruling, it was confusing and difficult for social service agencies in New York to prove in Family Court that the abuse or neglect amounted to reckless acts, and were not intentional. An illogical situation where wrongs could not find remedies and if abuse was intentional, then agencies failed in establishing severe child abuse.





 

RELEVANT JOBS

Associate Attorney

USA-PA-Exton

ASSOCIATE ATTORNEY McKenna Snyder LLC, a law firm in Exton, PA has an immediate opening for an ex...

Apply now

Attorney

USA-MI-Sturgis

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Attorney

USA-MI-Coldwater

Qualifications: HaasCaywood is seeking associate attorneys for our Coldwater and Sturgis, Michiga...

Apply now

Insurance Defense Trial Attorney/ Senior Counsel

USA-CA-San Francisco

Job description Trial Attorney - Personal Injury Defense Full Job Description Hickey Smith ...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Education Law Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with ...

Apply Now

Education Law Attorney

USA-CA-Carlsbad

Carlsbad office of a BCG Attorney Search Top Ranked Law Firm seeks an education law attorney with 4-...

Apply Now

Education Law and Public Entity Attorney

USA-CA-El Segundo

El Segundo office of a BCG Attorney Search Top Ranked Law Firm seeks an education law and public ent...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top